Bus Drivers’ Working Hours

Andrew Jones Excerpts

Thursday 6th June 2019 Westminster Hall

[The Parliamentary Under-Secretary of State for Transport (Andrew Jones)]

It is always a pleasure to serve under your chairmanship, Sir Graham, and I congratulate the hon. Member for Warwick and Leamington (Matt Western) on having secured this debate about local bus drivers’ working hours. I should probably also start with an apology: I am not the bus Minister. My hon. Friend the Member for Wealden (Ms Ghani) is away on an overseas ministerial visit, which is why I am covering for her in today’s debate. However, I understand that she has been very engaged with this issue and met the hon. Member for Warwick and Leamington, together with the family of Rowan, to discuss it on, I believe, 7 May. She has promised to look into the concerns raised; she is doing so, and she will write back to the family through the hon. Gentleman very shortly.

Before turning to some of the issues, let me join colleagues in paying tribute to Rowan’s family for their work. I must say that it is astonishingly brave, when something must be acutely painful, to draw something so positive from it by campaigning to see that other families do not have to suffer as they have suffered. That is noble and brave work, and we as a House should recognise it.

The Government are committed to ensuring that the bus industry complies with the current law, including its duty of care to passengers. As promised, my hon. Friend the Member for Wealden will press that with the industry at every opportunity. We all agree that the tragic accident that occurred in 2015 in Coventry should never have happened and must never be allowed to happen again.

However, the Government are not convinced that amending the local drivers’ hours legislation is the answer. A number of pieces of legislation already exist to regulate the bus industry, which together should have stopped this tragic accident happening. It might be helpful if I detail some of those.

There is a general duty of care under the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990, which set standards for bus companies and their drivers, to ensure safety for their passengers. The GB domestic drivers, hours rules in the Transport Act 1968 limit bus drivers to 10 hours daily, with 30 minutes’ break after five and a half hours and a daily rest of 10 consecutive hours.

There are the general Working Time Regulations 1998, which limit the working week to an average of 48 hours—although I am aware that of course individuals can opt out of that requirement if they choose to—and provide an entitlement to adequate rest. There is also health and safety at work legislation, which places a duty on employers to ensure the health and safety of their employees and others who may be put at risk by their work activities. That includes a duty on employers to manage the risks from fatigue, irrespective of any individual’s willingness to work extra hours.

Colleagues have made some comments about the legislation in other countries, so I should perhaps just clarify that. A point was made about not adopting EU regulations, but the EU regulations do not apply to local bus drivers. No EU regulation of local bus driver hours exists. Is fatigue covered? Yes, most certainly it is; it is right at the heart of health and safety legislation, which includes a duty on operators to manage fatigue. The safeguards we have in place should have prevented the tragedy of that terrible crash in Coventry, had they been properly followed. The point, of course, is that they were not.

[Matt Western]

On that point, it is my understanding that this is a derogation and every country can derogate from the EU directive on local bus driving hours. However, in the two examples I gave, Germany and the Netherlands, they abide by the 56 hours and the 90 hours for a fortnightly period. My simple premise is, why can we not have consistency between the hours worked by a long-distance bus driver or HGV driver and those worked by a local bus driver? As I said, is it not bizarre that a box of cornflakes is more likely to arrive at its destination safely than a seven-year-old child?

[Andrew Jones]

I remind the hon. Gentleman that, as I understand it, there are no EU regulations that apply directly, so the read-across is not absolute, and we have other legislation in place. However, as with all the comments from colleagues here, I will, of course, make sure that I go back and discuss that with my hon. Friend the Member for Wealden, who is the bus Minister and is taking this case forward, to ensure that they are all absolutely understood. The key point, I think, is that a difference has been seen in the style of driving and the recognition of driving, with different stoppage patterns, but the point about fatigue is correct and that is why it is built into health and safety legislation.

I will press on to talk about the incident. We have a legislative framework in place and it should have been followed. It was not followed. While the driver in question was within the working hours limits—a point made by the hon. Member for Warwick and Leamington—there had been multiple warnings that he should not have been behind the wheel that day, including numerous passenger complaints, which were not acted upon.

Although I am sure this is of no comfort at all to Rowan and Dora’s families, the bus driver was found guilty in his absence of causing death by dangerous driving, and the bus company was found guilty under the Health and Safety at Work etc. Act 1974 of putting members of the public and its own staff at risk and was fined £2.3 million. Following the bus operator’s conviction, the traffic commissioner held a public inquiry on 30 January this year to consider the operator’s good repute.

As part of the inquiry, the operator listed the actions taken since the October 2015 accident with a view to preventing such an accident from happening again. Those include medical reviews of drivers over 70, which now take place every six months rather than the statutory requirement of every 12 months. Any driving instructor’s report highlighting a need to restrict a driver’s hours must now be brought to the attention of the company’s operations director and managing director. Instructions and advice about such restrictions must now be issued in writing. The company has limited casual drivers to 40 hours, work per week since the incident and, since 5 January this year, has ceased using casual drivers altogether.

The traffic commissioner published his decision in March this year. On top of the £2.3 million fine imposed by the courts, the traffic commissioner took the regulatory action of varying the company’s licence to reduce the number of vehicles it could operate for a 28-day period. That regulatory action was a strong warning to the company, and through the company to the entire industry, that it had failed to come up to expectations in ensuring the safety of its staff and other road users, and that if such a failure was ever repeated, the complete loss of its right to operate would be the likely consequence.

It is important that we look at every opportunity to raise awareness of the lessons learned from this tragic accident and the importance of continuing to improve safety. The hon. Member for Reading East (Matt Rodda) spoke about how safety should be at the heart of our transport networks. That point was also made by the hon. Member for Poplar and Limehouse (Jim Fitzpatrick). We have discussed it on countless occasions, and he knows that we are in exactly the same place in placing great priority on road safety.

[Matt Western]

Does the Minister sense that there is possibly under-resourcing or under-capacity in the enforcement of what should be going on with these bus companies and through their depots? How much random independent checking is going on to ensure that they are conforming to existing legislation?

[Andrew Jones]

That is an important point. The traffic commissioner is the regulator and responsible for the licensing and regulation of public service vehicles, which includes enforcement and prosecution where appropriate. We also have the DVSA—the Driver and Vehicle Standards Agency—which carries out monitoring and compliance checks. Those can include not only routine checks, but reactive or proactive checks where there is evidence that an operator is non-compliant or an issue has been reported.

There are methods in place, with checks and balances, to be reactive in response to information or proactive if necessary. Those checks can include looking at the logs of drivers’ rosters and considering the health and wellbeing of drivers. Those are the two methods through which the regulations can be enforced.

[Jim Fitzpatrick]

I am grateful to the Minister for that further explanation of the checks and balances in the system. Given the numbers of complaints that he catalogued that were recorded against this driver in the days, weeks and months preceding the tragic crash, is he reassured by the traffic commissioner and the other authorities that cases of drivers such as the one responsible, who got away with so much for so long, will not be able to be repeated because of the example of this case, where clearly the system did not work?

[Andrew Jones]

That is at the heart of what is happening. The system has not worked here, and the points about how we take that forward and improve the enforcement and vigour of the regulation are central to where we need to go. That is a point that I will be taking from this debate and taking to my hon. Friend the bus Minister in our meetings next week, when she is back from overseas.

It might be helpful if I updated the House on some of the data involving buses. We all need to see a continuation of the long-term trend of improving road safety in the UK. Colleagues in the House have made a significant contribution to that over a sustained period, and we all owe them a duty of thanks. It has led to the UK—along with, I think, Sweden—having the safest roads in the world. There are still significant areas where we need to make more progress, but we should look at that sustained cross-party initiative with some pride, although we recognise that there is no room for any complacency anywhere at all.

On that point, the hon. Member for Poplar and Limehouse asked about the new Minister with responsibility for road safety. My hon. Friend the Minister of State, Department for Transport, is not here and I should be a little cautious about putting things in his diary, but I am absolutely confident that he will wish to engage strongly with the all-party group. I will also pass on to him the comments made about the updated road safety statement.

Fatal road accidents involving buses have been falling over time. The number of buses involved in fatal road accidents, per billion vehicle miles, has fallen by 36% in the last 10 years, so there is a positive downward trend and we want it to continue. It needs to be kept in mind that the GB domestic drivers’ hours rules set maximum limits, to give some flexibility to the bus industry, and do not reflect drivers’ normal working patterns. Figures from the Office for National Statistics show that, on average, in 2017 bus drivers worked 42 hours a week, which is within the 48 hours average limit allowed in the general working time rules. The bus Minister has promised to look into the robustness of these figures, and it is of course some of the outlying figures, rather than the average, that we need to focus on here. The average is perhaps not showing the entire picture, which is why that further work needs to be done.

[Matt Rodda]

I thank the Minister for his detailed exploration of the figures. Perhaps he would agree to ask his ministerial colleague to write to me and to my hon. Friend the Member for Warwick and Leamington, detailing, as he said, some of the outlying figures and giving a much fuller picture of the statistics on this aspect of bus safety, and perhaps also indicating the level of resources for the traffic commissioners’ office at present.

[Andrew Jones]

I will certainly pass that request on. I know that my hon. Friend is already planning to write to the hon. Member for Warwick and Leamington, but I will pass that request on very happily.

Following its inquiry, the Select Committee on Transport published its report entitled “Bus services in England outside London” on 22 May. One recommendation in the report is that the Government consult on whether legislation governing GB drivers’ hours is still fit for purpose or should be amended. The Government are currently considering the recommendations in the report and will of course publish a response in due course.

The Department for Transport did conduct an extensive review of the effectiveness of the GB domestic drivers’ hours rules in 2009-10. That looked at whether these vehicles should fall under any of the provisions in the EU drivers’ hours rules. At that time, the Government decided not to make any changes, concluding that the existing rules are both important and appropriate in ensuring the safety of drivers and others on the road and that any further restrictions could risk placing further burdens on the sector, but it is clearly appropriate to keep monitoring this. As new data becomes available, it should obviously inform our decision making.

I understand from the Confederation of Passenger Transport UK, the main trade association representing the bus industry, that the accident that we have been discussing and the resulting court case have already had an impact on the sector. The public inquiry illustrated that a complex chain of organisational and management factors or unsafe acts contributed to this terrible incident.

As the hon. Member for Reading East highlighted, buses are a vital industry. It is important that we support the bus industry to thrive, while ensuring that safety is at its heart. I absolutely agree with that. It is why we have the Bus Services Act 2017. We of course need to have a transport sector that has safety at its heart.

The hon. Gentleman talked about the decline in passenger numbers since 2010. I should perhaps point out that we have actually had a decline in passenger numbers for several decades. It did not start in 2010—frankly, it probably started long before I was born.

The hon. Gentleman also talked about investment in the sector. We have obviously seen pressures on local government finance in particular, but the national support for buses, through the bus service operators grant, has been protected at a quarter of a billion pounds, and that has been in place for many years.

The Bus Services Act is all about giving greater powers to local authorities. At the heart of those is partnership, but there could be franchising as well. We want to see a thriving bus industry, with safety at its heart and passengers at its heart, providing for the sustainable, secure movement of people around our country. That new set of powers, which are still being worked through by local authorities up and down the country, is at the heart of how we are seeking to take that forward.

In addition to the Bus Services Act, the industry is currently considering a bus safety strategy. As a Department, we welcome the bus safety strategy. Industry groups such as the Urban Transport Group have been considering what a strategy might include and delivering research into other sectors, such as rail and aviation, that have effective near-miss reporting systems in order to understand how near misses are reported and acted on. If there are lessons to be learned from other sectors, we should seek to learn them. The aviation sector has a very good track record, and interestingly that has been used as a template for how we can do reporting and for changing the culture in areas of public life such as our health service.

The public inquiry illustrated that in this case there were multiple reports of unsafe acts or near misses, and the failure to act contributed to this terrible incident. Department for Transport officials are working with the Urban Transport Group as it develops the strategy, and I know that the lessons learned from this incident will be fed into the development of the strategy. It is important to know that. I hope that it will be of some comfort to the families of Rowan and Dora that the lessons from this incident are being fed into the development of safety strategies.

Both the industry and the Government are determined to minimise the chances of this crash ever being repeated. There is strong consensus across the industry that there is no substitute for a closely managed culture in which safety is paramount. As a Government, we take this issue very seriously and will continue to press the bus industry at every opportunity to continue to improve its policies and procedures and ensure that it complies with all its legal duties, so that no driver gets behind the wheel of a bus who is not safe to drive that bus.

As I have said, I will be meeting the bus Minister next week so that she knows the content of our debate. I will ensure that all the points made by colleagues here are taken forward and she is fully sighted on them, and that we maintain the progress that is being made on road safety in general and bus safety in particular.

I would like to finish by paying tribute once more to Rowan’s family for their bravery and dignity in handling what must be so difficult an issue and seeking to draw something so positive from it.